Section 10 Patented articles under s. 9.

United Kingdom

(1)

Section 9 above applies to patented articles (including articles made by a patented process) as it applies to other goods.

(2)

Notice of any term or condition which is void by virtue of section 9, or which would be so void if included in a contract of sale or agreement relating to the sale of any such article, is of no effect for the purpose of limiting the right of a dealer to dispose of that article without infringement of the patent.

(3)

Nothing in section 9 and in this section affects the validity, as between the parties and their successors, of any term or condition—

(a)

of a licence granted by the proprietor of a patent or by a licensee under any such licence; or

(b)

of any assignment of a patent,

so far as it regulates the price at which articles produced or processed by the licensee or assignee may be sold by him.

(4)

References in this section to patented articles include references to—

(a)

articles protected F1by design right or by the registration of a design, and

(b)

articles protected by plant breeders’ rights F2. . .

and references in this section to a patent shall be construed accordingly.

Annotations

Textual amendments

F1: Words inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 19
F2: Words in s. 10(4)(b) repealed (8.5.1998) by 1997 c. 66, s. 52, Sch. 4; S.I. 1998/1028, art. 2

Notes on the whole Act

Textual amendments

F1: Act repealed (1.3.2000) by 1998 c. 41, ss. 1(c), 74(2)(3), Sch. 14 Pt. I (with s. 73, Sch. 13); S.I. 2000/344, art. 2, Sch.